Michigan MCL 559.190a: Mortgagee Voting on Condo Amendments

Quick Answer

MCL 559.190a is the Michigan Condominium Act section that sets the mortgagee ballot procedure when an amendment to the condominium documents needs a vote of first mortgagees. It also limits the subjects on which first mortgagees may vote at all. Under the statute, a mortgagee that does not return its ballot within 90 days is counted as approving, so the association's mailing and record-keeping are what make the vote work.

The section was added by 2000 PA 379 (effective January 2, 2001) and amended by 2002 PA 283 (effective May 9, 2002).

At a Glance

What the Law Says

Subsection (1) says the section applies "to the extent this act or the condominium documents require a vote of mortgagees of units on amendment of the condominium documents." In other words, 559.190a is a procedure. Whether a given amendment needs a mortgagee vote is decided by the Act and the documents, and subsection (9) narrows that further.

The control date and who votes

The date co-owners approve the amendment by the requisite majority is the "control date." Only mortgagees that hold a recorded first mortgage, or a recorded assignment of a first mortgage, against one or more units on the control date may vote. Each such mortgagee has one vote per unit subject to its mortgage or mortgages, "without regard to how many mortgages the mortgagee may hold on a particular condominium unit."

The notice package

The association must send each voting mortgagee a notice with all of the following:

• A copy of the amendment or amendments as passed by the co-owners.
• A statement of the date co-owners approved it.
• An envelope addressed to the entity the board authorized to tabulate mortgagee votes.
• A statement in substantially the form set out in subsection (5).
• A ballot with spaces to approve or reject and a space for the signature of the mortgagee or an officer.
• The number of units subject to that mortgagee's mortgage or mortgages.
• The date by which the ballot must be returned.

The required statement tells the mortgagee that it holds a mortgage on one or more units, that co-owners adopted the amendment on the control date, and that it has one vote per unit. It also says the amendment "will be considered approved by first mortgagees if it is approved by 66-2/3% of those mortgagees," that the ballot must be returned "not later than 90 days after this notice (which date coincides with the date of mailing)," and that "Failure to timely return a ballot will constitute a vote for approval. If you oppose the amendment, you must vote against it."

Threshold, mailing and records

• Approval: the amendment is approved if 66-2/3% of the first mortgagees "whose ballots are received, or are considered to be received," approve. The statute ties receipt to section 90(2), which we did not rely on for this page.
• Mailing: the association must mail the notice to the first mortgagee at the address provided in the mortgage or assignment for notices.
• Records: the association must keep a copy of the notice, proofs of mailing, and the returned ballots for 2 years after the control date.

The limited list of mortgagee votes

Subsection (9) says "Notwithstanding any provision of the condominium documents to the contrary, first mortgagees are entitled to vote on amendments to the condominium documents only under the following circumstances":

• Termination of the condominium project.
• A change in the method or formula used to determine the percentage of value assigned to the mortgagee's unit.
• A reallocation of maintenance, repair, replacement or decoration responsibility for a unit, its limited common elements, or the general common elements from the association to the unit.
• Elimination of the association's insurance requirement for the project or a unit, or a shift of insurance responsibility from the association to the unit.
• Modification or elimination of an easement benefiting the mortgagee's unit.
• Partial or complete modification, imposition or removal of leasing restrictions.
• Amendments requiring consent of all affected mortgagees under section 90(4).

What This Means in Practice

For boards

The procedure starts only after co-owners pass the amendment. The control date then fixes which mortgagees are on the voting list, so the association needs an accurate pull of recorded first mortgages as of that date. The statute does not say how to build the list; our reading is that title or register of deeds records are the practical source, since eligibility turns on "recorded" mortgages.

Many boards use a manager or an attorney as the tabulating entity. The statute only requires an "entity authorized by the board of directors." Document that authorization in the minutes.

Deadlines and notice math

The return date is 90 days after the notice, and the statement says that date "coincides with the date of mailing," meaning the mailing date is day zero of the count. Example: a notice mailed March 1 would carry a return date 90 days later. Put the exact calendar date on the ballot, as subsection (4)(g) requires, rather than only the phrase "90 days." The statute also says how silence is counted: a missing ballot is a vote for approval.

For owners

Owners usually do not see the mortgagee ballot. What owners should know is that when an amendment falls within subsection (9), such as a new or removed leasing restriction, the co-owner vote is only the first step. Lenders have a separate statutory vote.

What the section does not say (our reading)

• It does not say what happens if the association mails late or to a wrong address. Whether the amendment is then vulnerable is an open question for counsel.
• It does not say whether mortgagee approval must be completed before the amendment is recorded. Section 559.167 (read separately) states that amendments are "subject to sections 90, 90a, and 91," which suggests the process is part of the amendment steps. Confirm sequencing with counsel.
• It does not set a penalty for failing to follow the procedure.
• Subsection (9) controls over the condominium documents, so a bylaw that gives mortgagees a broader vote does not expand the statutory list. Whether it creates a contractual vote is a question for counsel.

Timeline

Related Michigan Law

• Amending the master deed and bylaws (MCL 559.190 and 559.191)
• Leasing and tenant enforcement (MCL 559.212)
• Michigan Condominium Act overview
• Reversion of undeveloped land (MCL 559.167)

Board Checklist

• Confirm whether the proposed amendment touches one of the subjects in 559.190a(9) before building a mortgagee mailing.
• Record the control date (the day co-owners approved) in the minutes.
• Pull recorded first mortgages and assignments as of the control date and count units per mortgagee.
• Authorize the tabulating entity by board resolution.
• Assemble every item in subsection (4) and use the subsection (5) statement in substantially the required form.
• Mail to the notice address in each mortgage or assignment and keep proof of mailing.
• Keep the notice, proofs and ballots for at least 2 years after the control date.
• Have counsel confirm timing before recording the amendment.

Frequently Asked Questions

Does every condo amendment need a mortgagee vote?

No. Subsection (9) says first mortgagees may vote "only" on the listed subjects, such as termination, percentage of value changes, maintenance or insurance reallocation, easements, leasing restrictions, and amendments needing all affected mortgagees' consent.

What percentage of mortgagees must approve?

The statute uses 66-2/3% of the first mortgagees whose ballots are received or considered received.

What if a mortgagee never answers?

The required notice states that failure to timely return a ballot "will constitute a vote for approval." A mortgagee that opposes must vote against.

Do second mortgage holders vote?

Not under this section. Only holders of a recorded first mortgage or a recorded assignment of a first mortgage on the control date are entitled to vote.

How many votes does a lender get?

One vote per unit subject to its mortgage or mortgages, regardless of how many mortgages it holds on a particular unit.

How long must the association keep the ballots?

The association must keep the notice, proofs of mailing and returned ballots for 2 years after the control date.

Does this apply to a non-condominium HOA?

No. It is part of the Condominium Act. Subdivision HOAs rely on their recorded declaration and other law.

Where This Comes From

This page is based on the text of MCL 559.190a as published by the Michigan Legislature, current through PA 114 of 2026 when we read it on November 13, 2026, including its history note. Official page: legislature.mi.gov, MCL 559.190a. Section 559.167 was also read for the cross-reference to section 90a.

How APM Helps

Association Property Managers manages condominium and HOA communities across Michigan from our East Lansing office, with flat, published pricing. See our Michigan service area, browse every Michigan state-law guide, or request a free proposal. Laws and documents differ by community, and we review your master deed and bylaws when we build your proposal.

Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed Michigan attorney before acting.